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Madras High CourtCMP/18351/2022ordered

Manimekalai v. Jose K.Varghese (Deceased)

2022-10-27Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice N. Mala2 pages

C.M.P.No.18351 of 2022 in A.S.No.285 of 2013 C.M.P.No.18351 of 2022 in A.S.No.285 of 2013 S.S. SUNDAR , J.

and N. MALA, J.

[Order of the Court was made by S.S. SUNDAR, J.] This petition is filed to order substituted service to the respondents 2 and 3 through paper publication.

2.This Court is convinced with the reasons stated in the affidavit filed in support of this petition. It is stated that the 2nd respondent, namely, B.Savithri, remained ex parte before the lower Court. Therefore, notice is not even required to be served on her. As regards the 3rd respondent, the petitioner has given sufficient reasons in the affidavit filed in support of this petition, indicating that the 3rd respondent is avoiding service of notice.

3.Hence, in the interest of justice, this Court is inclined to allow this petition as regards the 3rd respondent alone. The petitioner shall take notice to the 3rd respondent through paper publication on or before 08.11.2022. The publication should specifically read that the appeal will be posted for hearing on 22.11.2022. The publication shall be made in any of the leading newspaper in Tamil, having wide circulation in the area where the 3rd respondent is residing at present. https://www.mhc.tn.gov.in/judis

C.M.P.No.18351 of 2022 in A.S.No.285 of 2013 S.S. SUNDAR , J.

and N. MALA, J.

mkn 4.This petition is ordered accordingly.

(S.S.S.R., J.) (N.M., J.) 27.10.2022 (1/3) Note to Registry :

Issue order copy on or before 31.10.2022.

mkn C.M.P.No.18351 of 2022 in A.S.No.285 of 2013 https://www.mhc.tn.gov.in/judis